Kanyi & another v Njoroge & another
The bottom line
#Kenya's Court of Appeal confirmed that an appeal that dies with a party can be revived if the estate's representative explains the delay in substitution.
What this practically means
#Executive summary
#Key legal issues
#Whether enlargement of time is necessary for substitution after abatement
Not necessary; Rule 102 has a built-in mechanism and the only requirement is sufficient cause for the delay.
The court relied on Rule 102 of the Court of Appeal Rules, 2022 and its prior decisions holding that the rule itself governs abatement and revival. Where an appeal abates after 12 months from death, the applicant need only demonstrate sufficient cause for failing to substitute within that period; no separate enlargement-of-time application is required.
Whether the applicant demonstrated sufficient cause for revival of the abated appeal
Yes; the deaths of both appellants and the resulting family confusion constituted sufficient cause.
The applicant, administrator of both estates, explained that the 1st appellant died in December 2021, the 2nd appellant (aged 97) continued the appeal and filed submissions before dying in July 2024, and the family was thrown into confusion. The application was unopposed and no prejudice was shown, so the court found the reasons sufficient and ordered substitution and revival.
Legal principles established
#- Upon death of a party to an appeal, substitution must be sought within 12 months failing which the appeal abates; but an abated appeal may be revived if the legal representative proves sufficient cause for the delay.
- There is no need to seek enlargement of time where an appeal has abated after 12 months; the only requirement is demonstration of sufficient cause for the delay in substitution.
- Revival of an abated appeal is not automatic; the applicant must prove sufficient cause preventing continuation of the appeal.
Court orders
#- 1.The applicant, Anastacia Wanjiru Mwangi, is substituted in place of the deceased appellants
- 2.The appeal is revived
- 3.No order for costs
- Jurisdiction invoked
- Rules 4, 102(1), (2), (3) & (4) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kanyi & another v Njoroge & another", Case Analysis (2025). Civil Appeal (Application) 197 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2208/eng@2025-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.